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2026 Supreme(Online)(Mad) 42072
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
P. Prabhu – Appellant
Versus
District Collector – Respondent
Writ Petition
For the Appellants/Petitioners: G. Thalaimuthurasu
For the Respondents: M. Sakthi Kumar, M. Muthumanikkam
The Court upheld the fundamental right to participate in religious festivals without discrimination, directing state authorities to ensure that individuals are not unlawfully excommunicated or harassed while performing religious duties, emphasizing non-discriminatory access to communal worship.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking protection against alleged unlawful excommunication from religious festivals and discrimination in the collection of temple taxes. The petitioner sought an order to enforce resolutions passed in a prior peace committee meeting to ensure equal participation in religious events. The main issue was whether the religious authorities had lawfully excommunicated the petitioner and whether the state authorities were obligated to ensure non-discriminatory participation in religious festivities. The court held that no person can be prevented from religious participation or subjected to discriminatory practices based on administrative or local disputes, relying on the guarantee of equal treatment for all devotees at religious sites. The writ petition stands disposed of with directions to the state authorities and private respondents to ensure the petitioner's family is permitted to participate in festivals and for the collection of temple dues without discrimination.
| Table of Content |
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| 1. petitioner seeks protection against religious excommunication and discrimination. (Para 1) |
| 2. authorities confirmed no excommunication exists; notice to private respondents dispensed. (Para 2 , 3) |
| 3. court grants non-discriminatory access to religious festivals and tax collection. (Para 4) |
8. Arul Xavior ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing Respondents 1 to 4 to take appropriate and strict action against Respondents 5 to 8 for unlawfully excommunicating the petitioner and his family members and preventing them from participating in the forthcoming Thai Pongal, Panguthiruvizha festival at Punitha Adaikala Annai Aalayam, Movanaur, Mimisal Post, Pudukkottai District and further direct the respondents to permit the petitioner and his family member to participate in all religious festivals without discrimination, to collect head tax from the petitioner in an equal and non-discriminatory manner, and to strictly implement the resolutions of the peace committee meeting dated 01.08.2023 based on the petitioner's representation dated 21.04.2026.
For Petitioner : Mr.G.Thalaimuthurasu For Respondents : Mr.M.Sakthi Kumar (R2 & R4)
Government Advocate (Crl.)
Mr.M.Muthumanikkam (R1 & R3)
Government Advocate (Civil)
ORDER
This writ petition has been filed seeking a direction to the respondents 1 to 4 to take appropriate and strict action against the respondents 5 to 8 for unlawfully excommunicating the petitioner and his family members and preventing them from participating in the forthcoming Thai Pongal, Pangunithiruvizha festival at Punitha Adaikala Annai Aalayam, Movanaur, Mimisal Post, Pudukkottai District and further direct the respondents to permit the petitioner and his family members to participate in all religious festivals without discrimination, to collect head tax from the petitioner in an equal and non-discriminatory manner, and to strictly implement the resolutions of the peace committee meeting dated 01.08.2023, based on the petitioner's representation dated 21.04.2026.
2. When the matter was taken up for hearing, the learned Government Advocate appearing for the respondent police submitted that no one had been excommunicated and that the petitioner’s complaint/representation had been enquired into. It was further submitted that the private respondents appeared before the authorities and gave an undertaking that they had not excommunicated any person from participating in the temple festival.
3. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondents, notice to them is dispensed with.
4. In view of the aforesaid submissions made, it is made clear that the private respondents 5 to 8 shall not prevent the petitioner and his family members from participating in the temple festival, and they are also directed to receive the temple tax from the petitioner’s family without discrimination. It is further clarified that the 4th respondent shall ensure the petitioner’s participation in the said festival.
5. With the above directions, this Writ Petition stands disposed of.
